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Landmark Judgments and Articles on Law

Whether husband can be prosecuted for guilty of outraging the modesty / Rape of wife?

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION NO. 26957 of 2017 With R/CRIMINAL MISC.APPLICATION NO. 24342 of 2017 With R/SPECIAL CRIMINAL APPLICATION NO. 7083 of 2017 NIMESHBHAI BHARATBHAI DESAI Versus STATE OF GUJARAT FOR APPROVAL AND SIGNATURE: HONOURABLE MR.JUSTICE J.B.PARDIWALA 1 Whether…

Precaution to be taken by Investigating officer for Preserving Electronic Evidence in Mobile phone

IN THE HIGH COURT OF KERALA AT ERNAKULAM Bail Appl. No. 7022 of 2018 Decided On: 02.11.2018 Vijesh Vs. The State of Kerala and Ors. Hon’ble Judges/Coram: Raja Vijayaraghavan V., J. 1. This application is filed under Section 439 of the Cr.P.C. 2. The applicant…

When Prosecution for Rape charges against husband is liable to be quashed?

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION NO. 27669 of 2017 KALPESHPARI HASMUKHPARI GOSWAMI Vs STATE OF GUJARAT CORAM: MR.JUSTICE A.S. SUPEHIA Date : 08/01/2019 1.0 The present application has been filed by the petitioners original accused under Section 482 of the…

Consensual sex with girl below 18 years no offence

IN THE COURT OF SH. DHARMESH SHARMA, ASJ­01, NEW DELHI DISTRICT, PATIALA HOUSE COURTS, NEW DELHI. Date of filing of charge sheet : 14.05.2013 Date of framing of charge : 22.05.2013 Date of final arguments : 05.08.2013 Date of judgment : 17.08.2013 SC No. 66/13…

Consensual sex of live-in partners not rape if man fails to marry

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURSIDICTON CRIMINAL APPEAL NO. 1443 OF 2018 (Arising out of S.L.P. (Criminal) No.6532 of 2018) DR. DHRUVARAM MURLIDHAR SONAR …APPELLANT VERSUS THE STATE OF MAHARASHTRA & ORS. …RESPONDENTS J U D G M E N T S.ABDUL…

Educated Woman Supposed To Be Fully Aware Of Consequences Of Having Sex With A Man Before Marriage.

HIGH COURT OF JAMMU AND KASHMIR AT JAMMU CRMC No. 512/2017, IA Nos. 01/2018, 02/2018, 01/2017 Date of order: 14.12.2018 Sunil Kumar vs State of J&K and anr. Coram:Hon’ble Mr. Justice Sanjay Kumar Gupta, Judge Appearing counsel: For Petitioner(s) : M/s Sanjay Sharma and G….

Decree for restitution of conjugal rights enforces cohabitation but it cannot force Sexual intercourse

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: October 04, 2016 Judgment Delivered on: October 07, 2016 MAT.APP.(F.C.) 64/2015 SUDHA GUPTA ….. Appellant Represented by: Mr.Om Saran Gupta, Advocate versus HAR PRASAD GUPTA ….. Respondent Represented by: Respondent in person CORAM:…

ADULTERY – NO MAINTENANCE

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE P.D.RAJAN FRIDAY,THE 20TH DAY OF DECEMBER 2013/29TH AGRAHAYANA, 1935 Mat.Appeal.No. 15 of 2006 ( ) AGAINST THE ORDER IN OP 112/2002 of FAMILY COURT,KOZHIKODE DATED 19-10-2005 APPELANT/PETITIONER: P.MOHANDAS PANICKER,…

SeX with Consent or Rape – Explained

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1439 OF 2011 STATE OF KARNATAKA ….. APPELLANT :VERSUS: F. NATARAJ ….. RESPONDENT J U D G M E N T Pinaki Chandra Ghose, J. This interest by special leave has been destined…

In a Private Complaint case the enquiry under Section 202 by the Magistrate is made mandatory

Kerala High Court Moideenkutty Haji And Ors. vs Kunhikoya And Ors. on 20 March, 1987 Bench: S Padmanabhan, K Thomas, K Balakrishnan JUDGMENT Padmanabhan, J. 1. These cases have been referred to a Full Bench to decide the question whether it is mandatory that a…

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